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NY Penal Law § 13040: Criminal Sexual Act in the third degree
|Last Updated on: 5th August 2023, 03:47 pm
Understanding Criminal Sexual Act in the Third Degree under NY Penal Law § 130.40
Criminal sexual act in the third degree is a serious offense that can lead to severe legal consequences, including imprisonment and registration as a sex offender. According to New York Penal Code § 130.40, engaging in oral or anal sex with an individual who was incapable of consenting, without their consent, or with someone below the age of 17 years while you are at least 21 years old constitutes criminal sexual act in the third degree.
The New York Penal Code ¬ß 130.00(2) defines oral sexual conduct as any contact between one person’s mouth and another individual’s penis, anus, vagina or vulva. On the other hand, anal sexual conduct refers to any contact between an individual’s penis and another person’s anus.
An Example Illustrating Criminal Sexual Act in the Third Degree
Suppose a male high school teacher aged 25 discovers that one of his students – a junior aged sixteen – has developed feelings for him and frequently flirts with him. One day she kisses him spontaneously leading them into engaging in oral sex later on. Although he had declined her invitation for a date earlier on when they engaged sexually since she was younger than sixteen years old; this teacher could face prosecution for criminal sexual act in the third degree because of her age despite being encouraged by his student.
Offenses Related to Criminal Sexual Act In The Third Degree
Other offenses related to criminal sexual act include rape (third-degree), aggravated sexual abuse (fourth-degree), and misconduct involving sex according to New York Penal Codes ¬ß¬130.25 ,¬¬ß¬130.65a ,and ¬ß¬130 .20 respectively.
Possible Defenses Against Charges Of Criminal Sexual Act In The Third Degree
Since lack of consent is a crucial element in any sex crime, the prosecutor must prove that there was no consent. If you can provide evidence to show that there was indeed consent, it will be challenging for the prosecutor to convict or even proceed with the prosecution. Another defense could be based on the statute of limitations. The statute of limitations refers to the period within which a prosecutor has an opportunity to bring criminal charges against an individual.
For this felony offense, criminal sexual act in third degree, the window period is five years. Therefore if for whatever reason¬the prosecutor fails to file a case against you within five years from when the incident occurred; under law, they cannot prosecute you at all.
The Sentence For Criminal Sexual Act In The Third Degree
Criminal sexual act in third-degree is classified as class E felony and carries up to four years imprisonment upon conviction. However, if you have no prior criminal record chances are high that your sentence may only include probation instead of prison time.
Regardless of whether your sentence includes jail time or probationary periods; according to New York correction law § 168 (Sex Offender Registration Act), anyone convicted of this offense must register as a sex offender for at least twenty years and sometimes even their entire life depending on their circumstances.
| Offense | New York Penal Code |
|---|---|
| Criminal Sexual Act In The Third Degree | § 130.40 |
| Rape (Third-Degree) | § 130 .25 |
| Misconduct Involving Sex | § 130 .20 |
Conclusion
Criminal sexual act in the third degree is a severe offense that can lead to imprisonment and registration as a sex offender for at least twenty years or even life depending on the circumstances of your case. It is essential to understand what constitutes this crime, related offenses, possible defenses against charges, and potential sentences if convicted.
If you are facing criminal sexual act charges in New York City, it’s crucial to seek legal representation from an experienced attorney who understands the law and can help protect your rights throughout the legal process.